Builder never informed us of a HUGE retaining wall in the backyard

[ngerasimatos]

We are buying a home in Las Vegas, NV from a popular builder. After reviewing all of the lots available we selected a lot specifically based on its orientation, square footage, and it had the floor plan we wanted. We live in AZ so all of this had to be done with our agent and virtual. We have already signed the paperwork and transferred the earnest money.

I finally took a trip to see the lot in person now that the foundation has been laid and was shocked to see a gigantic retaining wall that is taking up a considerable amount of our square footage. I cannot recall they ever informed us specifically of how much depth and square footage this retaining wall consumes. I feel like they lied to us and we are getting a considerably smaller and less desirable lot than we thought we were getting.

Do I have any legal recourse here to terminate the contract and get back my money? The builder is claiming that the retaining wall is calculated into the square footage and that is standard practice. I personally have never heard such.

Here is a picture of the lot diagram as the wall itself. Sorry, the picture sucks, I will try and go out today and get one that's not so terrible. It was super cold, windy, and dark when I took that one.

 

[PayrollHRGuy]

Is there some reason that during your research you didn't ask the agent for a photograph of the property?

 

[ngerasimatos]

Is there some reason that during your research you didn't ask the agent for a photograph of the property?

We did. There was nothing there but a dirt lot at the time.

 

[quincy]

Was the retaining wall there when you were looking at lots?

 

[PayrollHRGuy]

OK, another question for you. Did you measure the distances that were shown on the drawing?

 

[ngerasimatos]

Was the retaining wall there when you were looking at lots?

I only recall seeing the first tier of the retaining wall, it has three tiers.

 

[ngerasimatos]

OK, another question for you. Did you measure the distances that were shown on the drawing?

I have not. I can and will though.

The builder today said "The homesite square footage is accurate and has been verified through the County. The total square footage of the homesite is 9,735 sq. ft. You are correct that there is approximately 10’ that is removed from the wall. which give approximately 50’ in depth from the longest side of the homesite. The lot premiums are based not only on the total square footage of the homesite but location, desirability, and marked value. The lot premium of $52k, with no easy offer process, was an amazing premium in this current market."

 

[PayrollHRGuy]

We did. There was nothing there but a dirt lot at the time.

I only recall seeing the first tier of the retaining wall, it has three tiers.

OK, which is it. Was there only dirt or a partial retaining wall. Please describe what you mean by "tiers". Does the area between the wall and your slab get closer with each tier added?

 

[adjusterjack]

OK, another question for you. Did you measure the distances that were shown on the drawing?

I have not. I can and will though.

If those measurements on the drawing are the same as your measurements, then you bought what you bought and nobody's done anything wrong to you.

Were you given that drawing before you signed the purchase contract? It's rather obvious that the back wall eats up a lot of territory.

 

[zddoodah]

We live in AZ so all of this had to be done with our agent and virtual.

Had to be? Why? Las Vegas is very close to the border with Arizona. It's less than a five hour drive and only about an hour flight from Phoenix.

I finally took a trip to see the lot in person

This directly contradicts your statement that "all of this had to be done with [your] agent and virtual."

a gigantic retaining wall that is taking up a considerable amount of our square footage.

Huh? If it's a 100' long wall (which would be really long), it would take up about 50 square feet of land (assuming it's about a half foot thick).

I cannot recall they ever informed us specifically of how much depth and square footage this retaining wall consumes. I feel like they lied to us and we are getting a considerably smaller and less desirable lot than we thought we were getting.

Again, huh? You go from "I cannot recall [if] they ever informed us" (meaning that they might have given you the information) to you "feel like they lied." What does this even mean?

Do I have any legal recourse here to terminate the contract and get back my money?

I don't know, and neither will anyone else here. No one here has read your contract, and your description of what happened leaves much to be desired (and the plan and picture don't shed any light on anything).

The builder is claiming that the retaining wall is calculated into the square footage and that is standard practice. I personally have never heard such.

What is your level of familiarity with "standard practices" in this area in Las Vegas, Nevada? In other words, what is that last statement supposed to add to this?

 

[ngerasimatos]

Only dirt was there, no foundation so it was not possible to see house placement.

The wall has 3 tiers, the area between the retaining wall and our foundation slab shrinks with each tier. I am uploading a video that might help show such.

I didn't get that document with those measurements until after I discussed with them the retaining wall. I was presented with this only:

 

[ngerasimatos]

@zddoodah Pandemic. COVID. Work and family obligations. Those things delayed the ability to travel in real-time to inspect the site in person.

 

[quincy]

Are the tiers in the retaining wall designed as planting boxes for trees or bushes, to eventually provide a natural shield from the neighboring lots? In other words, are the tiers useable plantable yard space?

I think you are stuck with your signed contract. It was your responsibility as buyer to inspect the property prior to purchase. I don’t see you recovering your costs, and breaching your contract can come with penalties far greater than just the loss of the escrow deposit. You potentially can be forced to meet all of the terms and conditions of the contract.

One option to explore is turning around and selling the property once completed.

You can see an attorney in your area for a review of the contract and the facts but, based strictly on what you have said here, I wouldn’t count on an easy out.

 

[ngerasimatos]

Are the tiers in the retaining wall designed as planting boxes for trees or bushes, to eventually provide a natural shield from the neighboring lots? In other words, are the tiers useable plantable yard space?

I think you are stuck with your signed contract. It was your responsibility as buyer to inspect the property prior to purchase. I don’t see you recovering your costs, and breaching your contract can come with penalties far greater than just the loss of the escrow deposit. You potentially can be forced to meet all of the terms and conditions of the contract.

One option to explore is turning around and selling the property once completed.

You can see an attorney in your area for a review of the contract and the facts but, based strictly on what you have said here, I wouldn’t count on an easy out.

There is a significant height between tiers, especially the one at the top, so I don't think you can plant anything that will grow tall enough without needing a significant foundation to anchor itself which would likely damage the wall structural integrity. Maybe bamboo would be the only option. You could plant shrubbery though if you wanted some color added to the wall.

 

[ngerasimatos]

Video: